Limitations on One's Rights and Freedom of Speech

Jasmine Lunsford
English 101-11 Composition 1
Kristin Inciardi
Essay 2
Limitations on One 's Rights and Freedom of Speech How many times have you wanted to express your honest opinion about an issue that concerns you, but you held back because you know in doing so it would lead to unwanted consequences? Many people question the First Amendment due to the fact that some people take advantage of it and use it for the wrong reason. The First Amendment allows you to speak your mind and express any feelings that you might have towards groups, religions, thoughts, or ideas. James Madison once stated, “As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed”(Brainyquotes.com). However, with wrong intentions people use the First Amendment to lean on and bend the Bill of Rights as far as they can. The First Amendment should be relied on for the right reasons that consist of honesty and integrity. The First Amendment should not be relied on when we choose to not take responsibility for our own actions. Over 200 years ago, the First Amendment along with the other nine were introduced by James Madison in order to keep the government from violating basic American civil liberties. According to the First Amendment, “The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. The Supreme Court A for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence.” Most recently, after September 11th 2001 many take this amendment to the next level and question how free exactly is free speech? Free speech should not be all free. In “Free-Speech Follies” written by Stanley Fish he states, “Self-censorship, in short, is not a crime or a moral failing; it is a responsibility” (203). I agree with Fish that there needs to be more responsibility and people should not be able to rely on the Free- Speech Amendment to do it for them. There should be limits on how far our citizens are able to get away with crimes they consider to be related to their Bill of Rights. For example, in 2008 a sixteen year old girl named Megan Meier committed suicide, because of a mother that decided to write cruel messages on MySpace. Although Lori Drew did not get prosecuted, she now has to deal with the consequences around her neighborhood as being known as the mother who caused Megan Meier to commit suicide. Lory Magid states “We need to be careful to draw the line between harmful harassment and constitutionally protected speech just as in the fight against terrorism, those lines can easily be blurred” (CBSnews.com). Lori Drew used the Free-Speech Amendment as an excuse for what she did. Drew leaned on the First Amendment for the wrong reasons and after this case; laws were made to help prevent similar issues. However, some people will rely on it that to see how far they can go with the Free-Speech Amendment. The U.S is doing likewise with its war on terror; when they put certain individuals through extra screening at the airport, because they look somewhat suspicions or are a different color. Furthermore, wire tapping is another issue that the government has given itself the right to listen to people’s phone calls, and that is also used as an excuse that is a way for fighting terrorism. Likewise, the period after September 11, 2001 many people

began to show their support and patriotism by putting U.S. flags on their houses. While others who decided not to were looked at as unpatriotic or looked at as a terrorist. Fish also writes about a scenario were a student wrote an offending article that was titled “Is Anti-Semitism Ever the Result of Jewish Behavior?” The faculty advisor that had approved this story claimed “The First Amendment isn’t there to protect agreeable stories” (203). I also believe that Free-speech in the hands of the press must abide by self-censorship, which means taking responsibility for publishing something that may provoke a lot of people. Proving Fish’s statement of “You can print anything you like; but if the heat comes, it’s yours, not the Constitution’s”(203). Another article written by Stuart Taylor Jr. titled “It’s Time to Junk the Double Standard on Free Speech,” explains the authors views are based on contemporary political thought. Taylor writes about another issue that incites many feelings. Andres Serrano’s, who took a photograph of a crucifix in urine titled Piss Christ and called it a “work of art.” The photo literally depicts a crucifix in a jar that in filled with urine and sealed. This photograph arises many conflicts between not only the very religious but those who just believe god. Taylor’s claim states however, if there were a photograph of Martin Luther King immersed in urine then Taylor says “the sky would fall and the entire school would be put through sensitivity training” (213). Free Speech is not all free; there should be limitations to the First Amendment. If there was not then people like Lori Drew would get away with things like Cyber bullying. Or journalist would get away with titling their articles “Is Anti-Semitism Ever the Result of Jewish Behavior?” and think that people are not going to respond to something like that. Is this the kind of message we want to send the next generations to come? On the other hand, in the article “A Chill Wind Is Blowing in This Nation” written by Tim Robbins, he believes the absolute opposite. Robbins thinks that all Free Speech should be supported. His evidence is “Our ability to disagree, and our inherent right to question our leaders and criticize their actions define who we are. To allow those rights to be taken away out of fear, to punish people for their beliefs, to limit access in the news media to differing opinions is to acknowledge our democracy’s defeat”(210). Robin’s point of being able to speak out, I agree, on the other hand, he assumes the mindset of everyone is of the mindset of his own, and that we all have good intentions. Sadly enough, we are all human and majority of us do not have good intentions. A lot of us are selfish and do not put into thought what our actions will cause for others. This is why I agree with Fish and Taylor that not all Free Speech is free or should be free. Robins thought that the First Amendment is there to be leaned on is foolish. People who lean on the First Amendment as far as they lean take advantage of the situations and do not take full responsibility for their own actions, which causes chaos around the world. While the First Amendment states the right to freedom of speech allows individuals to express themselves without interference or constraint by the government, there must be a line that we draw as to how free our speech really is. The right to Free Speech should not be misconceived and used to communicate hate crimes. Not only for the protection of ourselves but for the abiding citizens of our country. James Madison obviously, did not take into consideration that majority of our country would take things like the First Amendment for granted; perhaps when it was written it should have been very specific as to what was expected of us humans. The First Amendment is there for us to use out of honesty and uprightness not corruption or duplicity.
Works Cited
“James Madison.” BrinyQuote.com. Xplore Inc, 2011. 6 October 2011. http://www,brainyquote.com/quotes/quotes/j/jamesmadis396479.html.

Fish, Stanley. “Free-Speech Follies.” Hillel. 8 July, 2005. Web. 6 October, 2011.

“No Charges in Deadly Myspace Hoax.” cbsnews.com. CBS News. 11 February, 2009. Web. 6 October, 2011.

Taylor, Stuart. “It 's Time to Junk the Double Standard on Free Speech.” Fire. 19 January, 2002. Web. 6 October, 2011.

Robbins, Tim. “A Chill Wind is Blowing in This Nation.” Common Dream. 16 April, 2003. Web. 6 October, 2011.

Cited: “James Madison.” BrinyQuote.com. Xplore Inc, 2011. 6 October 2011. http://www,brainyquote.com/quotes/quotes/j/jamesmadis396479.html. Fish, Stanley. “Free-Speech Follies.” Hillel. 8 July, 2005. Web. 6 October, 2011. “No Charges in Deadly Myspace Hoax.” cbsnews.com. CBS News. 11 February, 2009. Web. 6 October, 2011. Taylor, Stuart. “It 's Time to Junk the Double Standard on Free Speech.” Fire. 19 January, 2002. Web. 6 October, 2011. Robbins, Tim. “A Chill Wind is Blowing in This Nation.” Common Dream. 16 April, 2003. Web. 6 October, 2011.